| Criticism has been levelled at various provisions of the Hyde Act and it is argued that irrespective of what the 123 Agreement may say, we would be subject to the several onerous provisions of the Act.
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| Let me clarify that the operative heart of the Hyde Act incorporates three permanent and unconditional waivers from relevant provisions of the US Atomic Energy Act of 1954. In layman terms, the Hyde Act allows the US Administration to engage in civil nuclear cooperation with India, waiving the following requirements:
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| (i) That the partner country should not have exploded a nuclear explosive device in the past; this waiver is necessary because India exploded a series of nuclear explosive devices in May 1998;
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| (ii) That the partner country must have all its nuclear facilities and activities under full-scope safeguards; this waiver is necessary because India has a strategic programme which would not be subject to international safeguards; nor would its indigenous R&D programme
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| (iii) That the partner country is not currently engaged in the development and production of nuclear explosive devices; this waiver is required because there is no freeze or capping of India’s strategic weapons programme. It is an acknowledgement that we will continue to develop and produce additional strategic weapons.
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| These three permanent and unconditional waivers are significant because they acknowledge that we have an ongoing strategic programme. No restraint on this programme is envisaged as a condition for engaging us in civil nuclear energy cooperation. Just juxtapose this with the UNSC Resolution 1172 of June 6, 1998, which called upon us to stop, roll back and eliminate our strategic programme and join the NPT as a non-nuclear weapon state. There are several extraneous and prescriptive provisions in the Hyde Act which we do not agree with and in negotiating the 123 Agreement we have been careful to exclude these. If the US Congress considers the 123 Agreement as being in contravention with their own understanding of the Hyde Act, the agreement would be voted down. If the US Congress does approve the 123 Agreement, this would confirm that the provisions of the agreement are what would govern the commitments of the two sides.
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| While there has been intense focus on the Indo-US bilateral agreement, much of the commentary has lost sight of the multilateral regime whose adjustment in favour of India is what we are aiming at. Our objective is not merely to seek the US as a partner but also to enable India to have a wide choice of partners in pursuing nuclear commerce. We cannot attain it without the US taking the lead. Yes, Russia and France are friendly countries and extremely keen to engage in nuclear commerce. However, there should be no doubt that neither they nor others will make an exception for India unilaterally unless the Nuclear Suppliers’ Group (NSG) adjusts its guidelines in the same manner as the US is prepared to do. Whatever be the reservations that have been expressed about our relations with the US, no other friendly country, member of the NSG has the necessary standing to lead the process of opening up the existing multilateral regime to accommodate us.
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| We will face several challenges ahead even if the controversies at home were somehow resolved. We still await the finalisation of the India-specific safeguards agreement with the IAEA. Thereafter, the NSG will meet to consider exempting India from its current guidelines. We expect that there would be a clean exemption from these guidelines, without any conditionalities or even expectations regarding India’s conduct. Finally, the US Congress has to vote to approve the 123 Agreement. Only when these separate landmarks have been achieved can we really have the practical possibility of resuming civil nuclear energy cooperation with the international community.
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| I am certain you will agree that this initiative of the PM represents a significant and unprecedented effort to expand India’s choices, create supportive international environment to advance our developmental goals and mark the emergence of India as a major global player in a transforming international landscape.
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| Exceprts from a public lecture by Shyam Saran, special envoy of the prime minister on February 18 in New Delhi |
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